Monday, March 7, 1994

1 2 3 4 5 6 7 8 9 10 ALBANY, NEW YORK 11 March 7, 1994 12 3:31 p.m. 13 14 15 REGULAR SESSION 16 17 18 19 SENATOR HUGH T. FARLEY, Acting President 20 STEPHEN F. SLOAN, Secretary 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: The 3 Senate will come to order. Senators, please 4 find their seats. Please rise with me for the 5 Pledge of Allegiance to the Flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT FARLEY: We are 9 pleased to have with us today the Reverend 10 Finley Schaef of Park Slope United Methodist 11 Church of Brooklyn, New York. 12 Reverend Schaef. 13 REVEREND SCHAEF: Let us unite 14 our hearts and minds in prayer. 15 Great Spirit and Mystery behind 16 all that we know, and Mother and Father of us 17 all, make us courageous to define and debate the 18 unprecedented problems and the unprecedented 19 opportunities that face the human race in these 20 difficult times. 21 Make us further courageous to 22 make wise decisions and compassionate decisions 23 that honor the poor and the oppressed. 1 Creator God, help us create a 2 world in which straight and gay live together as 3 brothers and sisters, four-legged creatures are 4 respected by the two-legged, the homeless find 5 homes, the jobless find jobs, addicts find 6 treatment, and all of us find new styles of 7 living to conserve, defend and protect the 8 earth's ecosystems. Let us turn away from 9 incinerators and all high technology pollutants 10 of life forces. 11 Bless this chamber and all who 12 work here and endow these people with all of the 13 gifts of the Spirit and abide by them today and 14 ever more. Amen. 15 ACTING PRESIDENT FARLEY: Thank 16 you. 17 The Secretary will begin by 18 reading the Journal. 19 THE SECRETARY: In Senate, 20 Friday, March 4th. The Senate met pursuant to 21 adjournment, Senator Farley in the chair upon 22 designation of the Temporary President. The 23 Journal of Thursday, March 3rd, was read and 1 approved. On motion, Senate adjourned. 2 ACTING PRESIDENT FARLEY: Hearing 3 no objection, the Journal will stand approved as 4 read. 5 The order of business: 6 Presentation of petitions. 7 Messages from the Assembly. 8 Messages from the Governor. 9 Reports of standing committees. 10 Reports of select committees. 11 Communications and reports from 12 state officers. 13 Motions and resolutions. 14 We have a motion. Senator 15 Holland. 16 SENATOR HOLLAND: Yes, Mr. 17 President. For Senator Skelos, on page 16, I 18 offer the follow amendments to Calendar Number 19 116, Senate Print Number 6523, and ask that said 20 bill retain its place on the Third Reading 21 Calendar. 22 ACTING PRESIDENT FARLEY: 23 Amendments are received. The bill will retain 1 its place. 2 SENATOR HOLLAND: For Senator 3 Nozzolio, on page 13, I offer the following 4 amendments to Calendar Number 147, Senate Print 5 Number 6527-A, and ask that the said bill retain 6 its place on the Third Reading Calendar. 7 ACTING PRESIDENT FARLEY: Without 8 objection, the bill will retain its place. 9 Senator Cook. 10 SENATOR COOK: Mr. President, I 11 move the following bills be discharged from 12 their respective committees and recommitted with 13 instructions to strike the enacting clause: 14 3025, 3032, 3134-A, 5170, 5352. 15 ACTING PRESIDENT FARLEY: Without 16 objection, the bills are recommitted. 17 Senator Trunzo. 18 SENATOR TRUNZO: Mr. President, 19 on behalf of Senator Johnson, would you please 20 remove the star on Calendar Number 48. 21 ACTING PRESIDENT FARLEY: Star is 22 removed at the request of the sponsor. 23 We have a substitution. The 1 Secretary will read it. 2 THE SECRETARY: On page 5 of 3 today's calendar, Senator Stafford moves to 4 discharge the Committee on Finance from Assembly 5 Bill Number 9565 and substitute it for the 6 identical Calendar Number Second Report 254. 7 ACTING PRESIDENT FARLEY: 8 Substitution is ordered. 9 Are there any other motions on 10 the floor? 11 Senator Present. 12 SENATOR PRESENT: Mr. President, 13 I believe that there's a resolution at the desk 14 by the Committee on Rules. May we have it 15 read? 16 ACTING PRESIDENT FARLEY: The 17 Secretary will read the resolution. 18 THE SECRETARY: By the Senate 19 Committee on Rules: Concurrent resolution of 20 the Senate and Assembly providing that the 21 Senate and Assembly meet in joint session in the 22 chambers of the Assembly on Tuesday, March 8th, 23 at 12:00 noon, for the purpose of electing 1 Regents of the University of the State of New 2 York. 3 The Assembly sent for concurrence 4 the following resolution: Assembly Resolution 5 1960, identical with the Senate Resolution 2808. 6 ACTING PRESIDENT FARLEY: 7 Substitution is ordered. 8 On the adoption of the 9 resolution, all in favor say aye. 10 (Response of "Aye.") 11 Those opposed nay. 12 (There was no response.) 13 The resolution is adopted. We'll 14 meet tomorrow in the Assembly chamber at noon. 15 SENATOR PRESENT: Mr. President, I 16 would like to announce, at 3:00 o'clock, our 17 usual time, there will be our regular session in 18 this house of the Senate; 12:00 o'clock at the 19 Assembly followed by 3:00 o'clock by our regular 20 session of the Senate. 21 ACTING PRESIDENT FARLEY: The 22 Senate will meet at 3:00 o'clock, regular hour, 23 12:00 o'clock in the Assembly, electing a 1 Regent. 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 I think Senator Seward has a privileged 5 resolution. May it be read? 6 ACTING PRESIDENT FARLEY: The 7 Secretary will read the title of Senator 8 Seward's privileged resolution. 9 THE SECRETARY: Legislative 10 Resolution, by Senator Seward, paying tribute to 11 the education, research, leadership and service 12 provided by the New York State College of 13 Veterinary Medicine at Cornell University and 14 commemorating its centennial on March 21st, 15 1994. 16 ACTING PRESIDENT FARLEY: All in 17 favor of the resolution say aye. 18 (Response of "Aye.") 19 Those opposed nay. 20 (There was no response.) 21 The resolution is adopted. 22 Senator Present. 23 SENATOR PRESENT: Mr. President, 1 can we take up the non-controversial calendar, 2 please? 3 ACTING PRESIDENT FARLEY: 4 Non-controversial, page 12. The Secretary will 5 read. 6 THE SECRETARY: On page 12, 7 Calendar Number 13, by Senator Levy, Senate - 8 SENATOR SMITH: Lay it aside. 9 ACTING PRESIDENT FARLEY: Lay the 10 bill aside. 11 SENATOR GOLD: Who laid it 12 aside? 13 ACTING PRESIDENT FARLEY: Senator 14 Smith laid it aside, as I recall. 15 THE SECRETARY: Calendar Number 16 82, by Senator Kuhl, Senate Bill Number 6215-C, 17 an act to amend the Education Law, in relation 18 to school building aid for refunding bond 19 issues. 20 SENATOR GOLD: Lay it aside. 21 ACTING PRESIDENT FARLEY: Lay it 22 aside. 23 THE SECRETARY: Calendar Number 1 88, by Senator Levy - 2 SENATOR GOLD: Lay it aside. 3 ACTING PRESIDENT FARLEY: Lay it 4 aside. 5 THE SECRETARY: Calendar Number 6 141, by Senator Stafford - 7 SENATOR GOLD: Lay it aside, 8 please. 9 ACTING PRESIDENT FARLEY: Lay 10 that bill aside. 11 THE SECRETARY: Calendar Number 12 157, by Senator Padavan, Senate Bill Number 13 3248, Education Law, in relation to a 14 maintenance - 15 SENATOR SMITH: Lay it aside. 16 ACTING PRESIDENT FARLEY: Lay 17 that bill aside. 18 THE SECRETARY: Calendar Number 19 168, by Sen... 20 SENATOR GOLD: Lay it aside. 21 ACTING PRESIDENT FARLEY: Lay it 22 aside. 23 THE SECRETARY: Calendar Number 1 195, by Senator Johnson, Senate Bill Number 2 3367-A, Environmental Conservation Law, in 3 relation to clarification of provisions 4 concerning posting of lands. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: You can 10 call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 43. 13 ACTING PRESIDENT FARLEY: That 14 bill has passed. 15 THE SECRETARY: Calendar Number 16 230, by Senator Skelos, Senate Bill Number 565, 17 Social Services Law, in relation to access to 18 certain conviction records. 19 SENATOR SMITH: Lay that aside, 20 please. 21 ACTING PRESIDENT FARLEY: Lay 22 that aside. 23 THE SECRETARY: Calendar Number 1 242, by Senator Larkin - 2 SENATOR GOLD: Lay it aside. 3 ACTING PRESIDENT FARLEY: Lay it 4 aside. 5 THE SECRETARY: Calendar Number 6 243, by Senator Trunzo, Senate Bill Number 582, 7 Civil Service Law, in relation to the state 8 Civil Service Commission prescribing rules on 9 leaves of absence. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 44. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 244, by Senator Trunzo, Senate Bill Number 22 3518-A, Education Law, in relation to World War 23 II military service credit. 1 ACTING PRESIDENT FARLEY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT FARLEY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 44. 9 ACTING PRESIDENT FARLEY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 245, by Senator Trunzo, Senate Bill Number 13 3520-A, Education Law, in relation to orders 14 made in matrimonial and support actions. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 44. 23 ACTING PRESIDENT FARLEY: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 246, by Senator Trunzo, Senate Bill Number 6324, 4 Civil Service Law, in relation to age 5 requirements as a date of appointment for 6 provisional or permanent appointment. 7 ACTING PRESIDENT FARLEY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT FARLEY: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 45. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 Senator Present, that's the first 18 time through. 19 SENATOR PRESENT: Mr. President, 20 let's go through it the second time, 21 controversial. 22 ACTING PRESIDENT FARLEY: 23 Controversial calendar, page 12. 1 Senator Velella, do you happen to 2 have a motion there? 3 SENATOR VELELLA: Yes, my bill on 4 page 16 of the starred calendar, Calendar 59, 5 Senate Bill 2599, would you remove the star, 6 please? 7 ACTING PRESIDENT FARLEY: Star is 8 removed. 9 THE SECRETARY: On page 12, 10 Calendar Number 13, by Senator Levy, Senate Bill 11 Number 1313, an act to amend the Penal Law. 12 SENATOR GOLD: Explanation. 13 SENATOR PRESENT: Lay it aside. 14 ACTING PRESIDENT FARLEY: Lay it 15 aside. 16 THE SECRETARY: Calendar Number 17 82, by Senator Kuhl, Senate Bill Number 6215-C, 18 Education Law, in relation - 19 ACTING PRESIDENT FARLEY: Senator 20 Kuhl, can we have one day on that? 21 SENATOR KUHL: Tomorrow's 22 calendar, please. 23 ACTING PRESIDENT FARLEY: Lay it 1 aside for today. 2 THE SECRETARY: Calendar Number 3 88, by Senator Levy - 4 SENATOR GOLD: Explanation. 5 SENATOR PRESENT: Lay it aside. 6 ACTING PRESIDENT FARLEY: Lay it 7 aside tem... 8 THE SECRETARY: Calendar Number 9 141, by Senator Stafford, Senate Bill Number 10 6318 - 11 SENATOR PRESENT: Lay it aside 12 temporarily. 13 ACTING PRESIDENT FARLEY: Lay it 14 aside temporarily. 15 THE SECRETARY: Calendar Number 16 157, by Senator Padavan, Senate Bill Number 17 3248, Education Law, in relation to a 18 maintenance of effort requirement for fiscally 19 dependent large city school districts. 20 SENATOR STACHOWSKI: Can we have 21 one day on that, please? 22 SENATOR PADAVAN: One day? 23 SENATOR STACHOWSKI: One day. 1 SENATOR PADAVAN: All right. One 2 day. 3 ACTING PRESIDENT FARLEY: Lay the 4 bill aside for today. 5 THE SECRETARY: Calendar Number 6 168, by Senator Levy, Senate Bill Number 5435-B, 7 an act to direct the New York State Thruway 8 Authority to do a study. 9 SENATOR PRESENT: Lay it aside. 10 ACTING PRESIDENT FARLEY: Lay it 11 aside temporarily, I guess. 12 THE SECRETARY: Calendar Number 13 230, by Senator Skelos, Senate Bill Number 565, 14 Social Services Law - 15 ACTING PRESIDENT FARLEY: Read 16 the last section. Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 SENATOR GOLD: Mr. President. 20 ACTING PRESIDENT FARLEY: Senator 21 Gold. 22 SENATOR GOLD: I believe the bill 23 is laid aside for Senator Montgomery. 1 Last section. 2 ACTING PRESIDENT FARLEY: Read 3 the last section of 230. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 51. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 242, by Senator Larkin - 14 SENATOR GOLD: Lay it aside for 15 today. 16 THE SECRETARY: -- Senate Bill 17 Number 6390, an act to amend the Public Officers 18 Law and the Village Law. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 SENATOR GOLD: Lay it aside. 22 ACTING PRESIDENT FARLEY: Senator 23 Larkin, what's your pleasure? 1 SENATOR LARKIN: Lay it aside for 2 the day. 3 ACTING PRESIDENT FARLEY: Lay it 4 aside for the day. 5 Senator Present, that's the 6 sec... the first time around, I guess. 7 SENATOR PRESENT: Second. 8 ACTING PRESIDENT FARLEY: 9 Second? 10 SENATOR PRESENT: Any 11 housekeeping to be taking place here? 12 ACTING PRESIDENT FARLEY: I'm 13 sorry. 14 SENATOR PRESENT: House is 15 clean. We don't - 16 ACTING PRESIDENT FARLEY: Is 17 there any housecleaning or housekeeping? 18 Seeing none, Senator Present. 19 SENATOR PRESENT: Mr. President, 20 on behalf of Senator Levy, I would like to 21 announce an immediate conference of the Majority 22 in Room 332. 23 ACTING PRESIDENT FARLEY: There 1 will be an immediate conference of the Majority 2 in Room 332. 3 Senator Sears, did you -- okay. 4 SENATOR GOLD: You're 5 adjourning? 6 ACTING PRESIDENT FARLEY: Any 7 other motions or anything? 8 The Senate - 9 SENATOR PRESENT: Mr. President, 10 there being no further business, I move that we 11 adjourn until tomorrow at 3:00 p.m. 12 ACTING PRESIDENT FARLEY: The 13 Senate will stand adjourned until tomorrow at 14 3:00 p.m. There is a 12:00 o'clock joint 15 session with the Assembly. 16 (Whereupon, at 3:48 p.m., the 17 Senate adjourned.) 18 19 20 21 22 23